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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Perdomo v. Morgenthau] Supreme Court of NY Enjoins DA from Approving RPAPL 715 Case Settlements (2007)

  • Organization: Supreme Court of the State of New York - New York County
  • Author: Emily Jane Goodman
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, November 07, 2007
  • Submitted: Friday, January 11, 2008
  • Attachment(s): PDF

Decision won by Harlem Community Law Offices in a declaratory judgment action brought in Supreme Court seeking to enjoin the District Attorney from preventing a probationary agreement excluding offensive family member in DA-initiated drug holdover case brought pursuant to RPAPL 715.

The Judge agreed that RPAPL 715 does not give the DA authority to approve settlement agreements reached by landlords and tenants in holdover actions brought pursuant to this section.

Update: Decision was upheld on appeal in the Appellate Division. Click here to read the decision.

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